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before getting 498a and DV cases on you

Visit http://saveindianfamily.org/
Join www.facebook.com/groups/498aIPC/
  https://www.facebook.com/SIFFNGO
Register your Details Provide your details – important for Research
READ 1. SIF-Book: How to Get Peace, when marriage is on rocks, available at https://www.facebook.com/groups/498aIPC/444002582299099/
  2. MRA’s blogs: – Virag Dhulia, Jinesh Zaveri, http://terminatorak.wordpress.com/
  3. YouTube: TV Interviews of MRAs
  4. Books: Myth of Male Power; Secrets of Manhood by Virag.
Know your Guides Rukma Chary +919535109509
  Anil Kumar +91 9845143724
  And also SIFF helpline of other cities where cases are filed.
DOs 1. Be a Men’s Rights Activists – Fight For YOUR rights every second.
  2. Don’t FIGHT against the SYSTEM- ENGAGE with the System
  3. Fight an Extremely Defensive Battle initially.
  4. The battle is 90% Mind game and 10% Legal.
  5. Fight a battle of Attrition, not a battle of Escalation.
  6. Don’t REACT, Be PATIENT, Just RESPOND.
  7. Protect important documents and evidence first.
  8. Take control of your cases, Don’t leave everything to the Lawyer
  9. Live life at a time – Plan for 15 days.
  10. Find and help your Buddies, do blogging. Write letters/comments to media.
  11. Be regular to the meetings.
  12. Participate in Letter Campaigns.
  13. Attend and contribute to DHARNAS
DON’Ts 1. Don’t expect easy/quick/safe exit from marital problems.
  2. Don’t expect MAGIC to happen.
  3. Don’t apply divorce.
  4. Don’t have high EXPECTATIONS from judiciary, police & lawyers.
  5. Don’t blind believe Lawyers & Police.
  6. Do not quit your Job.
Important Dates 1. Your Birthday –Share & celebrate with us.
  2. International Men’s Day – 19th November.
  3. Father’s Day – Third Sunday of every June.
  4. Children’s Day – 14th Nov.
Beware and understand Bail, DV Act, 2005, 498a IPC, CrPC 125, IrBM, CrPC 41B, CrPC 488, 375 IPC, HMA 24,

Valid Reason for filing Divorce by husband

1. Sucide Attempts
2. Wake up Late and not preparing breakfast.
3. Not Respecting my mother.
4. Do not wants to go to my Motherhouse.

Reference

http://www.lawyersclubindia.com/forum/Mediation-in-498a-96727.asp#.Uv3j5rSilOE
http://www.lawyersclubindia.com/forum/Mediation-in-498a-96727.asp#.Uv3j5rSilOE
http://www.lawyersclubindia.com/forum/Mediation-in-498a-96727.asp#.Uv3j5rSilOE
http://www.lawyersclubindia.com/forum/Mediation-in-498a-96727.asp#.Uv3j5rSilOE
http://www.lawyersclubindia.com/forum/RTI-to-prevent-victimisation-in-false-Dowry-498a-cases-23744.asp#.Uv_yaLSilOF
http://www.lawyersclubindia.com/forum/Re-Income-Tax-Return-of-Wife-22021.asp#.Uv_ya7SilOF

JUDGEMENTS on Divorce, Alimony and 498a

1.  MUMBAI HIGH COURT  :  Dated 4 Feb 2005

Maintenance not granted as it is proved that wife wants to reside separately.

2.  MUMBAI HIGH COURT  : Dated Apr 2008.

Maintenance not granted as it is proved no reason to leave husbands.

3.  CHENNAI HIGH COURT  : Dated 21 June 2002

Maintenance Denied

4.  CHENNAI HIGH COURT  : Dated 21 Feb 2003

No Maintenance For Working Women

5.  MADHYA PRADESH HIGH COURT : Dated 24 March 2000

No Interim/Maintenance for Capable, Working Women

6. DELHI HIGH COURT  : Dated 28 July 2008

She was earning and she had not come to the Court with clean hands.

7. MADRAS HIGH COURT : Dated 22 Feb 2008

Wife Troubled -No Maintenance

8. SUPREME COURT  : Dated 23 March, 2009

SC Judgement on HMA24 – Wife working no maintenance

9. HIGH COURT OF P & H

Maintenance awarded in two sections to be offset

10. HIGH COURT OF ALLAHABAD

Old Parents, Maintenance reduced.

11. MUMBAI HIGH COURT: Dated 22 February, 2008

Perjury in 125 crPc

12. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998

Child can claim maintenance u/s 125 from mother

13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007

Claim alimony within 6 Months of Divorce

14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

Unemployed man can not be forced to pay Maintenance

15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 december 2010

TRANSFER PETITION – Payment to Husband

16. MUMBAI HIGH COURT : Dated  17 July, 1991

Same relief (maintenance)cannot be asked twice in two different courts 

17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI

Vexatious petition, maintenance,relief is declined 

18. BOMBAY HIGH COURT :  Dated 14 March 2011

Perjury Judgement : Rigorous imprisonment for False Case

19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI: Dated  15 April 2011

Maintenance claim based on Affidavit dismissed

20. PUNJAB – HARYANA HIGH COURT: Dated  17 February 2011

Maintenance claim based on Affidavit dismissed

21. DELHI HIGH COURT

Husband Property Not Counted in Maintenance

22.  HIGH COURT OF P & H :  Dated 28 July 1961

Maintenance not based on Arthmetic Calculation

23. DELHI HIGH COURT  : Dated 1 September, 2010

Claim of high status of husband not sufficient for interim maintenance

24.  DELHI HIGH COURT  : Dated 30 August, 2010

Multiple Maintenance petitions are not allowed

25. SUPREME COURT OF INDIA : Dated 20 July, 2010

Reduced Intrim Maintenance

26.  SUPREME COURT OF INDIA : Dated  11 June, 1993

No Maintenance

27. MUMBAI HIGH COURT :  Dated  18 July, 2009

No Maintenance to Wife if RCR By Husband Suicceed

28. MUMBAI HIGH COURT

Permanent Alimoney Cancelled.

29. MUMBAI HIGH COURRT: Dated 2010

Income Tax and Maintenance

 

30. MUMBAI HIGH COURRT: Dated 18 November 2010

Income tax returns cannt decide Maintenance 

31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991

Challenging the rejected interim maintenance 

32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010

False affidavit, perjury procedure in 24 HMA 

33. DELHI HIGH COURT  : Dated 7 September 2006

Divorce withdrawn – Maintance to be paid

34. DELHI HIGH COURT: Dated 16 November 2004

Father In Law not responsible for Residence

35. KARNATAKA HIGH COURT: Dated 22 September, 1992

Women to Prove ligitimacy of child for maintenance

36. CENTRAL INFORMATION COMMISSION

Bank Account Details and confidentiality 

37. BOMBAY HIGH COURT: Dated  15 September, 2004

Return of Stridhan,Alimony and Hidding Past

 

38. GAUHATI HIGH COURT: Dated  23 April, 2004

Guardianship within 2 Months 

39. DELHI HIGH COURT : Dated  9 March, 2010

Fine for Delaying tactics by Lawyer 

40. CENTRAL INFORMATION COMMISSION

Central Information Commission – CIC Order in Passport Details

41. UTTARANCHAL HIGH COURT : Dated25 October 2010

No Maintenance u/s125Crpc for working Women

42. UTTARANCHAL HIGH COURT :  Dated  18November,2009

No Maintenance u/s Crpc 125 if wife deserts husband

43. DELHI HIGH COURT: Dated  22 September, 2010

Maintenance formula evolved by judges for wife and child – PWDVA

44. MADRAS HIGH COURT: Dated  20 November 2006

Mother is not always right person for custody

45. SUPREME COURT: Dated 2 March 2001

Rules for Child Custody

46. SUPREME COURT: Dated  23 March 2004

Illegitimacy of child is not with Family court

47. DELHI HIGH COURT: Dated  10 September 2008

No maintenance to Capable wife

48. MADRAS HIGH COURT: Dated  4 November 2006

Husband has to prove his Earning

49. SUPREME COURT OF INDIA: Dated  5 June 2007

Section 125 Cr.P.C.Proceedings under are civil in nature.

50. SUPREME COURT OF INDIA : Dated  15 December, 2006

Wife has no Right on Monther in Law’s Property 

51. KERALA HIGH COURT : Dated 10 December, 2010

Kerla HC accepts the easy misuse of DV

52. SUPREME COURT OF INDIA: Dated  9 November, 2010

Double jeopardy applies to same offence, not same facts

53. DELHI HIGH COURT : Dated  29 July, 2010

Family members of NRI husband cannot be accused in DV case 

54. DELHI HIGH COURT : Dated  18 September, 2008

No maintenance to earning spouse 

55. MADRAS HIGH COURT : Dated  10 January, 2003

Alimony can be granted even to an erring spouse 

56.PUNJAB-HARYANA HIGH COURT : Dated  23 September, 2009

False case and Damage

 

57. ROHINI COURT – DELHI

False Dv and Women Failed to Prove it

58. ADDL. SESSIONS JUDGE NEW DELHI

Domestic Violence to be Proved

59. CENTRAL INFORMATION COMMISSION

3rd Party Passport Details are Allowed

60. SUPREME COURT OF INDIA : Dated  4 November, 1997

Habeas Corpus for Custody and Visitation

61. DELHI HIGH COURT : Dated  25 October, 2010

Petitioner must claim she is unable to maintain herself for relief of maintenance 

62. ALLAHABAD HIGH COURT : Dated  25 March, 1976

Petitioner must claim she is unable to maintain herself for relief of maintenance 

63. KARNATAKA HIGH COURT : Dated 13 February, 1980

She should prove that she is unable to maintain herself in addition to the facts that her husband has sufficient means

to maintain her and that he has neglected to maintain her 

64. KARNATAKA HIGH COURT : Dated  22 August, 2005

No maintenance for earning wife

65. DISTRICT COURT , SAKET, DELHI : Dated  18 Nov 2010

Employable wife not entitled to maintenance.

66. DISTRICT COURT , SAKET, DELHI : Dated 24 March 2008

An NRI wins an interim maintenance case

67. FAMILY COURT , HYDERABAD

Hyderabad Family court, unclean hands, no maintenance 

68. DELHI HIGH COURT: Dated  17 April 2007

Conditions when maintenance to be paid

 

69. SUPREME COURT OF INDIA : Dated  11 January, 2011

All State Amendments in Sec. 125 are invalid 

70. SUPREME COURT OF INDIA : Dated 17 February, 2006

Habeas Corpus for girl child custody to Father 

71. SUPREME COURT OF INDIA : Dated 28 April, 2005

Habeas Corpus dismissed in Custody Appeal 

72. SUPREME COURT OF INDIA : Dated  21 November, 2006

Custody to reMarried women 

73. MADRAS HIGH COURT : Dated 25 January, 2006

Habeas Corpus on Custody to Father 

74. MADRAS HIGH COURT : Dated 6 February, 2006

Habeas Corpus for Custody on Death 

75. KERALA HIGH COURT : Dated  December, 2010

NBW cannot be issued for non payment of maintenance 

76. CENTRAL INFORMATION COMMISSION

CIC – Income Tax Details of FIL are public 

77. UTTARANCHAl HIGH COURT : Dated  17 March, 2011

HC Quash Maintenance 

78. MUMBAI HIGH COURT :Dated  13 September, 1995

No multiple maintenance claims

79. SUPREME COURT OF INDIA : Dated  9 October, 1985

Magistrate can grant interim maintenance ?

81. SUPREME COURT OF INDIA : Dated  16 February, 2000

Habeas Corpus in Custody 

82. MADRAS HIGH COURT : Dated  27 March, 2007

Habeas Corpus in Divorce / Custody Petition 

83.SUPREME COURT OF INDIA : Dated  17 October, 1974

Separate income of the wife can be taken into account in determining the amount of maintenance payable to her 

84. DELHI HIGH COURT : Dated  31 January, 2003

HMA moveable property can not be termed as Income 

85. DELHI HIGH COURT : Dated  18 September, 2008

Maintenance On Actual Earnings

 

86. DELHI HIGH COURT : Dated  30 September, 2008

Parents can kickout their Children

 

87. DELHI HIGH COURT : Dated  28 March, 2000

Liability of maintenance of children is co-extensive

 

88. GUJRAT HIGH COURT : Dated on 21 October 2010

No Multiple maintenance 

89. DELHI HIGH COURT : Dated  12 October, 2009

DV can be filed anywhere 

90. MADRAS HIGH COURT : Dated  28 October, 2010

Magistrate should not blindly call all family members as respondents 

91. DELHI HIGH COURT : Dated  4 October, 2010

DVA only against who are in domestic relationship

92. DELHI HIGH COURT : Dated  20 September, 2010

How to decide domestic relationship in DVA 

93. DELHI HIGH COURT : Dated  8 February, 2010

Frivolous petition claiming damages dismissed 

94. DELHI HIGH COURT : Dated  7 January, 2010

Maintenance, Women fined, Contempt of Court 

95. ANDHRA HIGH COURT : Dated  15 November, 1995

Maintenance to illegitimate Child ? 

96. CENTRAL INFORMATION COMMISSION

RTI – Husband can get Wife PF details

97. ANDHRA HIGH COURT : Dated  31 March, 1989

Maintenance arrears for 1 year only ! 

98. SUPREME COURT OF INDIA : Dated  6 December, 2005

Fine for forcibly taking away Child 

99. MADRAS HIGH COURT : Dated  28 February, 2007

Family Court Jurisdiction

100. SUPREME COURT OF INDIA : Dated  2 March 2000

Wife is not entitled to maintenance who has deserted her husband,

101. SUPREME COURT OF INDIA : Dated  03 December 2009

No Maintenance If Wife Lies 

102. SUPREME COURT OF INDIA : Dated  28 April 2009

Take EMI Into Cosideration in Maintenance 

103. HIGH COURT OF STATE OF PUNJAB AND HARYANA AT CHANDIGARH : Dated 13 March 2009

No alimony to Women who desert her husband 

104. SUPREME COURT OF INDIA : Dated 23 February, 2009

Interim maint increase illegal as no income proof produced 

105. SUPREME COURT OF INDIA : Dated 20 July, 2010

Interim maint amt shuld be based on status of both part 

106. CHATTISGARAH HIGH COURT : Dated 15 February, 2004

No maintenance for a deserting wife 

107. RAJASTHAN HIGH COURT: Dated 22 January, 1999

No maintenance for a deserting wife 

108. BOMBAY HIGH COURT : Dated 26 February, 2010

Interim maintenance cannot be increased based on husband’s salary hike.

109. GUJARAT HIGH COURT : Dated 9 February, 2011

Childrens has to maintain parents. 

110. SUPREME COURT OF INDIA : Dated 20 July 2011

Meaning of unable to maintain 

111. SUPREME COURT OF INDIA : Dated 27 November 2007

Unable to maintain herself in Maintenance 

112. DISTRICT & SESSION JUDGE DELHI : Dated 28th August 2010

Landmark Judgement for DV Case

113. CHENNAI HIGH COURT : Dated 26th August 2010

Perjury Case 

114. ALLAHABAD HIGH COURT : Dated 19 January, 2010

Wife fined 10,000/- in Perjury case but Husband fighting for further action!! 

115. DELHI HIGH COURT : Dated 18 August, 2010

Every allegations do not justify initiation of prosecution under 340 CRPC 

116. KARNATAKA HIGH COURT : Dated 15 March, 2001

Petition under CrPC 340 must be decided only at the end 

117. ALLAHABAD HIGH COURT : Dated 09 Janurary 2003

Perjury application must be decided first before proceeding with the case 

118. SUPREME COURT OF INDIA : Dated 14 November, 1994

No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail 

119. GUJARAT HIGH COURT  : Dated 18 August, 2010

Petitioner aggreed for perjury – Gujrat HC told to deposit 25K as probable fine 

120. SUPREME COURT OF INDIA : Dated 1 December, 2010SC judgement in CrPC 340 wrt Chartered Accountants Act

Nullity of Marriage in India

Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. In Hindu Law, Marriage is treated as a Samaskara or a Sacrament. Divorce, however is a thorny question and Annulment is a very unusual remedy. In our modern world, an Annulment tends to be more a creature of religion than of law. Annulments are rarely granted and when they are, very specific circumstances must exist.

What Is Annulment Of Marriage
In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse’s reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage; 
5) If the consent to the marriage was based on fraud or force; 
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the “prohibited degree of consanguinity”, or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

Basis Of An Annulment
In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act. 
Section 5 Condition for a Hindu Marriage – A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) Neither party has a spouse living at the time of the marriage;
(ii) At the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;
(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two:
An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage

Void Marriages
A marriage is automatically void and is automatically annulled when it is prohibited by law. Section 11 of Hindu Marriage Act, 1955 deals with:

Nullity of marriage and divorce- Void marriages – Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.

Bigamy – If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary.
Interfamily Marriage. A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption.

Marriage between Close Relatives. A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.

Voidable Marriages
A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud

Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- 
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Impotency – If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit.

Lack of Mental Capacity – If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. This particular ground most often applies to someone who has been mentally ill or who has suffered from mental or emotional disorder.

A Party was Under the Age of Consent – If you were married while you are under the legal age, your marriage may be annulled. The legal age for boys is 21 years and for girls is 18 years. A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent.

Fraud or Force – If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. Fraud is simply not telling the truth in order to induce the other party to enter into the marriage contract. Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case. Force implies the use of or threat of the use of physical violence to make a person get married. The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply.

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